Prohibiting conversion therapy for certain clients, and providing penalties

This bill relates to conversion therapy. The bill provides definitions including “client”, “conversion therapy”, “mental health professional”, and “protected person”. The bill prohibits a mental health professional from engaging in conversion therapy with a client younger than years of age, or with a client who is a protected person. A mental health professional who engages in conversion therapy with a client younger than years of age, or with a client who is a protected person, is subject to disciplinary action for unprofessional conduct by the appropriate licensing board or entity. The bill provides that a person may assert an actual or threatened violation of the bill as a claim or defense in a judicial or administrative proceeding and may obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief. An action brought for a violation of the bill shall be brought within two years after the cause of action accrues. However, a person younger than years of age may bring an action through a parent or legal guardian, and may bring an action in the person’s own name upon reaching majority and for years after reaching majority. An action may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies. In an action or proceeding to enforce the bill, a prevailing party may recover reasonable attorney fees. The attorney general may bring an action to enforce the bill and the bill shall not be construed to deny, impair, or otherwise affect any right or authority of the attorney general, the state, or any agency, officer, or employee of the state to institute or intervene in any proceeding. The bill also requires the department of health and human services to adopt administrative rules to prohibit reimbursement under the Medicaid program for conversion therapy as prohibited under the bill. The bill prohibits a person, while conducting any trade or commerce, to use or employ any fraud, false pretense, false promise, false guarantee, misrepresentation, false or misleading statements, or deceptive practice by advertising or otherwise offering conversion therapy services that could reasonably be interpreted or inferred as representing homosexuality as a mental disease, disorder, or illness, or as guaranteeing to change an individual’s sexual orientation or gender identity. A person who violates this provision of the bill commits a fraudulent practice in the third degree. A fraudulent practice in the third degree is an aggravated misdemeanor which is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.